What is civil revision petition?
Asked by: Hortense D'Amore IV | Last update: September 24, 2022Score: 4.8/5 (9 votes)
A Revision Petition is an application made to a High Court to correct the mistakes made by the Courts subordinate to it. The High Court of a State has power to supervise the works of the subordinate court under its Jurisdiction.
What is difference between review petition and revision petition?
Distinction between Review and Revision
Review is given by the court which passed the decree or made the order whereas revision is executed only by the High Court. Review can be done only after the passing of the order whereas revision can be done when the case has been decided.
What is the procedure for revision?
Revision can be filed in superior court by the aggrieved party of any judgement passed by the subordinate court where no appeal lies. Revision is discretionary and supervisory power of the superior court, it does not warrant any statutory right to the aggrieved party, unlike appeal.
Who has the powers of revision?
The High Courts power to jurisdiction to act as a revisional court has to be deduced from all the provisions in section 397-401 read together.
What is revision and review?
Review means to reconsider, to look again or to re-examine. In legal sense, it is a judicial re-examination of the case by the same court and by the same Judge. Revision means the high court is revising the judgement of any case decided by a subordinate Court in certain circumstances.
Section 115 - Revision in CPC | Civil Procedure Code 1908 | Law | Dev Dubey
When can a revision petition be filed?
A Revision Petition can be filed only against orders which have attained finality. In case of interim or interlocutory orders which are for a temporary period of time such as an Order restricting the party from alienating the disputed party for a period of 6 months, a RP will not lie.
Can appeal be filed after revision?
Appeal is required to be filed by a party to the proceedings, but revision can also be exercised suo motu by the higher court having the power of revision. Revision is exercised against those orders which are not appealable.
What is revision petition under CrPC?
Section 397 CrPC – Call Records for Revision
Under section 397 CrPC, the High Court and Court of Session have been empowered to call for and examine the records of any proceeding and satisfy oneself as to the: (a) Correctness, legality or propriety (correctness) of any finding, sentence or order recorded or passed.
What is difference between revision and appeal?
An appeal is whereby the case is heard again due to the dissatisfaction of a certain party while a revision is done by a high court to ensure that legal actions were followed in arriving at a decision. Only the high court can do a revision.
What is the period of limitation for review and revision?
The limitation period for Revision
According to article 131 of the Limitation Act, 1963 for a revision of the decree or order, the limitation period is 90 days. The revision application is required to be made before the High Court within the limitation period.
What is revision petition under section 397 of CrPC?
According to Section 397 of CrPC, revision petition can be filed to check the irregularity or correctness of any particular finding, order or sentence passed by any lower court, then the Court might call for such record or finding or the Court may direct the execution of any sentence or order to be suspended and if the ...
What are the essential conditions for revision?
Conditions for revision:-
The subordinate Court must have (a) exercised jurisdiction not vested in it by law; (b) failed to exercise jurisdiction vested in it; or (c) acted in the exercise of jurisdiction illegally or with material irregularity.
What is the meaning of revision in law?
Revision means re-examination of cases which involve the illegal assumption, non-exercise or irregular exercise of Jurisdiction. Revisional jurisdiction does not confer any substantive right, and the right of revision is merely a privilege granted to an aggrieved.
Can civil court modify its own order?
review is not made applicable to the Tribunal and hence the Tribunal like a civil court cannot review its own order.
What is the success rate of review petition?
Thus, a review petition is maintainable only on limited grounds. No official data is available but sources reveal that the success rate of Review Petitions in the Apex Court is less than 0.1 per cent.
Under what circumstances can a revision lie against an appeal?
The revision can only be filed once the appeal is dismissed. The word “appeal” includes both the first appeal and second appeal. Therefore, the revision can only lie when the appeal is dismissed or does not lie.
Which court can revise its own decision?
The Supreme Court has been granted the discretionary powers to review its own judgments under Article 137 of the Constitution.
Can revision petition be amended?
The High Court relied on the Supreme Court decision in S.R. Sukumar v. S. Sunaad Raghuram, (2015) 9 SCC 609, wherein it was held that, there is no provision in CrPC to amend criminal complaint, but amendment can be allowed if the amendment is sought before taking cognizance.
What is limitation for criminal revision petition?
Article 131 of Limitation Act the limitation is of 90 days for filing a Criminal Revision.
What is civil Miscellaneition petition India?
(a) In a Civil Miscellaneous (Main) Petition under Article 227 of the Constitution of India or Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 arising from an order in a pending proceeding before a Court subordinate to the High Court, an advance copy of the paper book shall be served upon ...
Can we file a revision petition against dismissal of 156 3?
The fact that in the event of a remand by the revisional court to the Magistrate, for fresh consideration of an application under Section 156 (3), such a person has no right of a hearing does not preclude a right of a hearing in revision when the original order rejecting an application under Section 156 (3) is assailed ...
Can a criminal revision be withdrawn?
B.J. Sonwane for the respondent supported the present petition and submitted that the Criminal Revision Application filed before the Sessions Court cannot be dismissed in the absence of the applicant, but it can be dismissed as withdrawn on the request of the applicant therein, since the applicant is master of his own ...
Can revision be filed against interim order?
P.C. and the decision of an interim application does not decide the rights and liabilities of the parties, it cannot be considered to be a final order so as to give rights to the parties to move a revision petition. Hence, revision petition is not maintainable.” It, therefore, dismissed the petition for revision.
Can I file recovery suit after 3 years?
Limitation: The suit can be filed within 3 years from the date of cause of action having arisen. The said period of limitation cannot be condoned.
What is the limitation period for civil cases?
Typically, the period of limitation for instituting civil suits is three years from the date on which the cause of action arose. There are exceptions: the limitation for a suit to recover possession of immovable property is 12 years, and the limitation for a claim founded on tort is ordinarily one year.